TALLAHASSEE – The head of Florida's top law enforcement agency said he never stated he wouldn't investigate allegations of election improprieties in Broward and Palm Beach counties, and he assured GOP Attorney General Pam Bondi "a preliminary inquiry" into the midterm election started last week, according to a letter released Tuesday.

Rick Swearingen, commissioner of the Florida Department of Law Enforcement, wrote Bondi on Monday to respond to her demands that he investigate claims of election irregularities in Broward and Palm Beach.

The two heavily Democratic counties have been targeted with accusations of election irregularities after officials added thousands of votes days after last week's election passed that reduced statewide leads by Republican candidates, including flipping one state race to the Democratic candidate.

A statewide recount is underway in three top races, including the U.S. Senate, that now shows Democratic incumbent Bill Nelson about 13,000 votes behind Republican Gov. Rick Scott, who appointed Swearingen.

"I am deeply troubled that you think I have announced that FDLE would not be pursuing any investigation or inquiry into the conduct of election officials in Broward or Palm Beach counties (or any other county) that may rise to criminal conduct during the 2018 election. I have made no such announcement," Swearingen said.

While he doesn't tell Bondi in the letter that he is actively investigating allegations about the counties, he said his office is cooperating with other agencies to respond to complaints.

“Let me assure you that I had already taken the necessary steps to promote public safety and specifically the integrity of our elections process during the 2018 midterm election,” Swearingen wrote. "A preliminary inquiry was initiated prior to receipt of your letter."

His staff refused Tuesday to clarify if that preliminary inquiry includes Broward and Palm Beach counties.

"I'm sorry, but we aren't providing any information on the scope," agency spokesman Gretl Plessinger said.

Swearingen's letter is the first detailed response his agency has offered since Scott called for the agency to investigate "rampant fraud" in Broward and Palm Beach counties.

Scott made the claims last week without offering specific proof of fraud, which would require evidence of intent by the officials. But he and other Republicans have laid out a series of accusations claiming state law and required procedures were violated in Broward and Palm Beach, and they argue a state investigation could determine if there is fraud.

"It is incumbent upon you, as commissioner of the Florida Department of Law Enforcement, to investigate whether these documented irregularities constitute incompetence or intentional malfeasance and outright fraud," Bondi, who also a Republican, told Swearingen in a letter Sunday.

Bondi, in her letter, demanded that Swearingen's agency investigate claims against Broward and Palm Beach, including that ineligible ballots were allowed to be counted, Republican lawyers were blocked from legally observing the vote-counting process, and some voters were denied absentee ballots.

Last week, Swearingen's office responded to media inquiries about a possible FDLE investigation by saying the agency's staff had been in contact with the Department of State, which oversees state elections.

"They indicated at this time, they had no allegations of fraud so at this time we do not have an active investigation," FDLE spokeswoman Plessinger responded

There was no mention of a preliminary inquiry.

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Florida Rep. Ted Deutch, a Democrat, said Monday Republicans are trying to undermine the faith of voters in the election recount currently underway and insisted every valid vote must be counted. (Nov. 12)
AP

Swearingen's letter to Bondi also notes that there have been inaccurate reports indicating that his agency requires Scott or other candidates to submit written complaints before an investigation can be opened. He said there is only a requirement for a written order from the governor for FDLE to pursue a misconduct investigation of an elections supervisor and other public officials.

"This likely led to this assumption by those reporting that a complaint in writing must be received," Swearingen wrote.

In addition to Scott’s race, there are two other statewide recounts underway in the Florida governor’s race and Cabinet race for agriculture commissioner. Results of these recounts are due Thursday.

Republicans aimed much of the criticism over the vote-counting process at Brenda Snipes, Broward County's election supervisor.

Scott and President Donald Trump have been the loudest critics of Snipes and have led the charge in spreading election fraud claims. Matt Caldwell, the Republican candidate for state agriculture secretary, also accused Snipes in a lawsuit of mishandling ballots that led to his opponent, Democrat Nikki Fried, taking a 5,000-vote lead over him.

In addition to Scott’s race, there are two other statewide recounts underway in the Florida governor’s race and Cabinet race for agriculture commissioner. Results of these recounts are due Thursday.